KESAVEN VELAYUDHA PANICKER Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant, Kesavan Valayudha Panicker, (aged 57) was convicted under Section 302 I.P.C., and the sentence of death passed upon him was confirmed by the High Court of Kerala.

(2.) The appellant and the deceased, Krishanan Nadar, were engaged in illicit manufacture of arrack. Prior to the occurrence there was a quarrel between them over the theft of a washpo used for manufacture of alcohol belonging to the deceased. They quarreled on 19th July, 1972 as well as on the next day in the afternoon at about 7.00 P.M. The deceased was coming along the road from north to sourth at Kallar and the appellant with his son (since acquitted by the trial court) were coming from the opposite direction. The appellant was carrying a chopper in his hand (M.O.I.) Both the appellant and the deceased were residents by the side of the Kalar market. When they accosted each other, the appellant asked the deceased whether he would continue to abuse him as before. The appellant then gave a cut blow to the deceased on the left side of his neck and other parts of the head in quick succession and the deceased fell down at the spot. The appellant after that proceeded towards the south along the road but immediately returned with the chopper in his hand and again cut the deceased on his legs and things five or six times although at that time the deceased was lying on the ground. The deceased died on the spot. The appellant, who was accompanied by his son, ran away from the spot with the blood-stained chopper. Heanwhile the wife of the deceased, N. Salomi (P.W. 1), was informed by some body about the occurrence and she came running to the spot when she saw the appellant standing by the side of her husband holding the blood-stained chopper in his hand and then the appellant and his son ran away from the spot the former carrying the chopper in his hand. P.W. 1 found that her husband had already died. She remained by the side of the dead body throughout the night and next morning she informed the police at Vidura Police Station which is 9 kilometers away from the place of occurrence. The Police, Inspector (P.W. 10) recorded the first information report at 9.30 A.M. on the following morning of the occurrence and a case was registered against the appellant and his son. After investigation both the appellant and his son were charge sheeted and committed for trial before the Sessions Judge who acquitted the son and convicted the appellant as stated above.

(3.) There are four eye-witnesses to the occurrence, namely, R. Rajan (P.W. 2), P. Balkrishna Pillai (P.W. 3), Balkrishnan Pillai (P.W. 4) and Valayudhan Pillai (P.W. 6), Dr. V. Bhaskaran (P.W. 5) held the postmortem examination on 22nd July, 1972 and found 18 incised antemortem injuries and an abrasion on the forehead. The 4th injury is an incised transverse gaping wound at the upper part of the left side of the neck 9x3x2 1/2 cm., and 5 cm. below the wound No. 3 which is another gaping wound on the lef ear lobe. The 6th injury is another incited transverse gaping wound, 11x4x4 cm., on the left side of the neck. The 7th injury is also a transversely gaping incised wound 12x4x4 1/2 c.m., on the lower part of the neck. The other incised wounds are on the different parts of the body. According to the Doctor, injury Nos. 4, 6 and 7 are fatal and are sufficient to cause death in the ordinary course of nature. According to him after sustaining the injuries the injured must have died within ten or fifteen minutes.